A.B. 1433 - Public Safety & Health

05/05/2014

Sponsor: Assemblymember Mike Gatto (D)

Summary: Current version (4/21/2014): Requires any report of a Part 1 violent crime, sexual assault or hate crime, received by a campus law enforcement agency to be immediately, or as soon as practicably possible, disclosed to the appropriate local law enforcement agency without identifying the victim, unless the victim consents to being identified.

Specifies that the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of each private and independent postsecondary institution shall, on or before July 1, 2015, adopt and implement written policies and procedures to ensure that any report of a Part 1 violent crime, sexual assault or hate crime, committed on or off campus, received by any employee, and made by the victim for purposes of notifying the institution or law enforcement, is immediately forwarded to the appropriate law enforcement agency.

Defines “part 1 violent crimes” as a willful homicide, forcible rape, robbery and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.

Outlook: The hearing will be open to the public. Public testimony will be accepted. Written testimony should be submitted in advance of the scheduled hearing. A vote may be taken at the discretion of the committee chair.

This measure passed the Committee on Public Safety, 6-0, and was referred to the Committee on Appropriations with a recommendation to be placed on the Consent Calendar. The Association for Los Angeles Deputy Sheriffs; California College and University Police Chiefs Association; Community College League of California; Crime Victims United of California; Los Angeles Probation Officers' Union, AFSCME, Local 685; and the Riverside Sheriffs' Association support this measure. There is no registered opposition on file.

The author amended this measure out of committee. The April 21 amendment, prohibits a report to a local law enforcement agency from identifying the alleged assailant if the victim does not consent to being identified.

This measure passed the Committee on Higher Education, 12-0-1. During the hearing, the Committee adopted an amendment, which requires campus law enforcement to disclose to local law enforcement, rather than requiring institutions and local law enforcement to renegotiate jurisdictional agreements.

The March 10 amendment provides that the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of each private and independent postsecondary institution are to adopt and implement written policies and procedures to ensure that any report of a Part 1 violent crime, sexual assault or hate crime is immediately forwarded to the appropriate law enforcement agency.

According to the author this measure comes after several California colleges were accused of covering-up on-campus sexual assaults because of concerns that higher crime statistics would lead prospective students to choose elsewhere. Assemblymember Mike Gatto (D) elaborated that “Crimes that occur on campus should not be treated any differently than those that occur elsewhere in our community and California law needs to make sure that college administrators involve law enforcement when appropriate.”

Currently, two southern California colleges are the subject of a federal investigation for their handling of on-campus sexual assaults and other violent crimes. In addition to the federal investigation, five U.S. campuses, including three in California, are the subject of a federal lawsuit alleging violations of Title IX and the Clery Act. The Clery Act is the federal law that requires colleges and universities to disclose (once a year, in an annual report) information about crimes that happen on or near campuses.

The sponsor is a member of the majority party and does not sit on a committee of referral. However, the sponsor is the Chair of the Committee on Appropriations. Democrats control both chambers of the Legislature as well as the Office of the Governor.